“Little Things Matter In Judicial Neutrality” Okutepa SAN Warns That Pro Tinubu Anthem Violated Code Of Conduct

Senior Advocate of Nigeria (SAN) Jibrin Samuel Okutepa has condemned the playing of the pro President Bola Tinubu anthem “On Your Mandate We Stand” during the opening of the 2025 All Nigeria Judges Conference at the National Judicial Institute (NJI), describing it as a “most inappropriate” and “destroying factor” that could erode public trust in the independence of the judiciary.

In an interview on Channel TV’s Sunrise Morning Show on Wednesday, Okutepa praised the President’s keynote address delivered as he declared the conference open but criticised the musical prelude as a partisan intrusion into a neutral space. The event, attended by more than 950 superior court judges, featured Tinubu urging the bench to uphold integrity and resist justice for sale, warning that corruption in the judiciary destroys it at its core. Okutepa argued that the song’s echoes, amid what sounded like judicial participation, created a tacit inducement to compromise officers of the court.

Speaking from Channel TV’s Abuja studios, Okutepa focused on the moment Tinubu approached the podium. “When Mr. President was to mount the podium, it was inappropriate for anyone to sing a political song in an environment populated by all Nigerian judges,” he said. “It appears in my view that they were sitting in their chambers. Unfortunately, you hear the echo of some jurists singing that song or echo of voices that appear to resemble the voices of their lordships. That seriously destroyed the entirety of that occasion.”

He emphasised the judiciary’s code of conduct, which demands avoidance of the appearance of impropriety, and invoked the maxim that justice must not only be done but must be seen to be done. Citing English legal precedent, Okutepa recalled a case where a clerk’s mere presence with judges raised concerns of bias. “If I were to be Mr. President, he would have said, look, stop that music. That itself would have built very serious confidence that he means business.”

The SAN dismissed claims that the playing of the anthem was an oversight by the Guards Brigade Band, which traditionally performs the tune at events. “Those who played the music were not members of the judiciary. They must be sensitive to the environment. Mr. President was in an environment where judges are insulated from politics.” He said Nigerians were right to be alarmed. “How will an ordinary man on the street feel that in a conference of judges, a political song coined to promote and propagate the political philosophy of Mr. President was sung and nobody protested?”

Okutepa also referenced symbolic norms, such as the absence of presidential portraits in judges’ chambers, which he attributed to the late Chief Gani Fawehinmi’s protests against executive imagery in courts. “Judges are neutral. Those little things matter.”

Commenting on the address delivered by Chief Justice of Nigeria (CJN) Justice Kudirat Kekere Ekun, where she lamented that the judiciary’s independence is fragile without genuine financial autonomy, Okutepa said speeches without action were unhelpful. “A beautifully couched speech without practical implementation is political rhetoric,” he stated. He noted that the constitution already provides for direct funding of the judiciary and blamed executive non compliance for the current weakness. “It is the inability of those who have responsibility to obey the Nigerian constitution that has crippled the judiciary.”

Okutepa criticised recruitment practices in the judiciary, alleging that governors often insist on appointing their preferred candidates as chief judges. He also warned that executive interference had “castrated” the judiciary, which he described as the strongest arm of government. He questioned recent election reform procedures, such as the mandatory frontloading of witness statements, describing them as obstacles to substantial justice. “What is substantial justice in demanding that a supreme witness should have a frontloaded witness statement? It is justice that even the ordinary people will see has been done.”

To clean up the system, he urged collective action. Lawyers, he said, must avoid being conduit pipes to judges, while judicial officers should live up to their oaths to act without fear or favour. “Everyone who has had his or her hand soiled in impropriety should give way. Our recruitment process should be transparent. Appointments should be based on merit, not on who you know.”

He challenged President Tinubu directly. As the number one citizen and chief executive, Okutepa insisted the President should demonstrate genuine commitment to judicial independence. “He should instruct and make example of those who subtly interfere with judicial processes. He will be the one to show the example and he has nothing to lose.”

Okutepa’s remarks come amid lingering distrust from the 2023 elections, where many believe the judiciary is theoretically independent but practically not. He rejected the idea that public opinion is irrelevant. “I do not believe the theory that public opinion does not matter. It does, because the commodity of justice is not to be served only at the elite level for judges and lawyers.”

Okutepa ended on a hopeful note. “It is possible to clean the system if we mean business.” His call aligns with the CJN’s position that independence is not a privilege but a moral and constitutional obligation that guarantees fairness and equality before the law.

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